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2012-147
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2012-147
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14 . Enforceability . If any term or provision of this Agreement, or the application thereof <br /> to any person or circumstances , shall to any extent be held invalid or unenforceable , <br /> the remainder of this Agreement , or the application of such terms or provision , to <br /> persons or circumstances other than those as to which it is held invalid or <br /> unenforceable , shall not be affected , and every other term and provision of this <br /> Agreement shall be deemed valid and enforceable to the extent permitted by law . <br /> The Company ' s failure to maintain its job creation commitment or annual wage level <br /> commitment for any one year will result in the decrease of the Grant amount it was <br /> scheduled to receive for that year; however, such decrease will not preclude the <br /> Company ' s receipt of scheduled Grant amounts for those subsequent years in which <br /> it is able to maintain its job creation and wage level commitment . <br /> 15 . Assignment . COMPANY shall not, directly or indirectly, assign or transfer any of <br /> its rights or obligations under this Agreement, or any interest therein ( the foregoing <br /> herein collectively " Transfer" ) , without the express prior written consent of <br /> COUNTY . COUNTY shall not unreasonably withhold its consent to any Transfer . <br /> Any such attempted Transfer without the express prior written COUNTY consent <br /> shall be null and void and may , at the option of COUNTY , be deemed an event of <br /> default under this Agreement . COMPANY acknowledges and agrees that COUNTY <br /> has the right , in granting or withholding consent to any Transfer, to consider, among <br /> other things , the financial responsibility and business reputation of the proposed <br /> assignee or transferee ( the foregoing herein collectively "Transferee ") ; and any other <br /> items that the Indian River County Board of County Commissioners , in its sole <br /> discretion , deems appropriate . If COMPANY seeks COUNTY ' s consent for a <br /> Transfer, COMPANY shall submit to COUNTY a written request therefore , <br /> accompanied by the following documentation : ( i ) the name , address , and telephone <br /> number of the proposed Transferee ; (ii ) a description of the business and jobs , <br /> including wages , to be created in Indian River County ; and ( iii ) a financial statement <br /> or other reasonably detailed financial information concerning the proposed <br /> Transferee . COMPANY acknowledges and agrees that : ( a ) the County <br /> Administrator or his designee , or the Indian River County Board of County <br /> Commissioners , has the right to request any additional information deemed <br /> necessary to make the decision relating to consent to the Transfer ; and (b ) any such <br /> request for a Transfer is expressly subject to the approval of the Transfer by the <br /> Board of County Commissioners at a formal meeting thereof, and such Transfer <br /> shall become effective only when signed by the Transferee and approved by the <br /> Board , which consent shall not be unreasonably withheld . The foregoing covenant <br /> shall be binding on the permitted successors or assigns of COMPANY . The <br /> prohibition on Transfers shall not prohibit a change in the form in which COMPANY <br /> conducts business . COMPANY will be released from further liability under this <br /> Agreement in the event of an approved Transfer ; provided that the County ' s consent <br /> to any Transfer will not otherwise relieve COMPANY from any pre-existing <br /> obligation to COUNTY under this Agreement . <br /> 16 . Conflict of Interest . COMPANY represents that it presently has no interest and shall <br /> acquire no interest, either direct or indirect, which would conflict in any manner with <br /> - 7 - <br />
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